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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2512
Experience:  Experience working with evictions, subsidized housing issues and mobile home issues.
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I live in a building that is owned by a corporation. It is

Customer Question

I live in a building that is owned by a corporation. It is all for rentals and that is in Marin County, CA. The rent is due every 1st to 5th of the month. I paid my rent over their website this month. However, my account was not replenished in time and the payment was returned. The rent was about 4K. When I saw that, I corrected immediately and maid a payment of 1k from one other account and about 2k from my other account, leaving a balance of around 1k or so. Today, the manager of the building called me to let me know that the first payment did not go through but she saw that I already paid about 3k leaving the remains to be paid. She wanted me to leave work and come to get her a cashiers check. I said that would not be possible because I am working and she also said that I could do tomorrow Saturday which I also declined because I am working. I said I could do that on a Monday or I could leave her a check at the office. She refused and warned me that she will post a note at my door and she is mailing a letter to pay or quit in 3 days. I said that because it is a huge building that would ve embarrassing because I am never late with rent and asked if she could put it under my door which she refused. I am now home and did not see any notes posted at my door. My questions are:
1- Can she demand a immediate payment or ask me to leave work and get her a cashiers check at the day she is informing me with the bank two hours away from closing? I felt this was a little disturbing since over 75% of the rent is already actually paid.
2- Do I really need to pay her with a cashiers check? Could I pay her online again or drop her a check? is there anything that will make me by law pay at those terms?
3- Should I loose my sleep over this? She told me later that as long as I get her the cashiers check on Monday all is good but she will post the note.
Thank you very much,
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  S. Kincaid replied 1 year ago.

She has the right to give you the three day notice o pay rent or quit without offering you a chance to make the payment first. So she can ask you to pay right away, but if you choose not to, she has the right to give you the three day notice. You then have three days to pay what's owed.

Expert:  S. Kincaid replied 1 year ago.

She can only limit the firm of payment of there is a provision in the last that allows this. However, if you offer a check and they don't cash it, you may not be able to prove that you offered the rent. If they deny that you offered it, you could be evicted.

Expert:  S. Kincaid replied 1 year ago.

As long as you pay within the three days, they cannot legally evict you. Even though you are not necessarily required to use a cashier's check, it may be best to placate the manager.

Expert:  S. Kincaid replied 1 year ago.

Do you have any other questions?

Customer: replied 1 year ago.
I read the agreement and it says they may request rent to be paid by cashier checks at any time. I was reading other questions just under our conversation and it says it is ilegal to request that for rent. Is that true?
About them posting the note at my door so other people can see, is that legal? Doesnt that should come by mail?
Expert:  S. Kincaid replied 1 year ago.

They are actually required to post it on the door.

And yes, they can require a cashier's check if that provision is in the lease agreement.